JUDGMENT :

K.R. Mohapatra, J.

The Defendant No.1 as appellant has filed this appeal assailing the judgment and decree dated 15.11.2006 and 29.11.2006 respectively passed by the learned 2nd Additional Civil Judge (Senior Division), Cuttack in C.S.(I) No.322 of 2004.

2. Case of the plaintiff (respondent No.1 herein) in brief is that one Abhina Chandra Sahoo died leaving behind his widow, three sons and four daughters (genealogy given below).

Late Abhina Sahoo (1981)
Late Annapurna (D-3)
Chittaranjan (D-1)	Sudarsan (D-2)	Niranjan (plaintiff)	Sabitri (D-4)	Tilottoma (D-5)	Manorama (D-6)	Priyatama (D-7)

Said Abhina was the recorded tenant in respect of suit properties out of which Schedule ‘A’ property was his self-acquired property and Schedule ‘B’ property was his ancestral property. During his life time, Abhina had decided to divide the suit property by giving 1/4th share to each of his sons namely, plaintiff as well as defendant Nos.1 and 2. The daughters of Abhina, namely, defendants 4 to 7 had relinquished their share in the suit property. Defendants 1